Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 267 finance commission Page 1 of about 4,452 results (0.232 seconds)

Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... . these intra-court appeals, essentially involving similar questions relating to the provisions contained in section 49 of the karnataka gram swaraj and panchayat raj act, 1993 ( the act of 1993 ) and the motion of no-confidence brought thereunder, have been considered together; and are taken up for disposal by this common judgment.2 ..... . the grama panchayats are constituted under section 5, by elections as notified by the state election commission; section 44 provides for the election of adhyakshas and upadhyakshas from amongst the elected members of the gram panchayat concerned and section 45 prescribes the procedure for such election; section 46 prescribes the term of office of adhyaksha and upadhyaksha as five years from the date of election or till they cease to be members w.a.nos.844/2018 & 853/2018 & connected matters 116 of grama panchayat, whichever is earlier; section 48 ..... . the facts relevant for the present purpose are that the general elections to the grama panchayats in the state, for the w.a.nos.844/2018 & 853/2018 & connected matters 117 period 2015-2020, were held by the state election commission during the month of june 2015; and immediately thereafter, adhyakshas and upadhyakshas came to be elected by the respective grama panchayats .....

Raju Rudraiah Matapathi Vs. Secretary to Government, Department of Rur ...

Court : Karnataka

Reported in : 2007(6)KarLJ187; 2007(3)KCCR2080; 2007(5)AIRKarR101

..... 11,577/- in his name from the grama panchayat towards certain developmental work in the village executed through a contractor, proceedings were initiated against the petitioner under section 43-a of the karnataka panchayat raj act, 1993. ..... the petitioner has obtained the cheque in his name and has encashed the same has made the 1st respondent to come to the conclusion that the action of the petitioner tantamounted to misconduct as stated under section 12(h) of the karnataka panchayat raj act, 1993. ..... the competent authority namely the secretary, department of rural development and panchayat raj has considered the reply submitted by the petitioner and after holding an enquiry into the allegations made has passed the impugned order recording a finding that the allegations made against the petitioner stood ..... as per the provision contained under section 12(h) of the act, a person shall be disqualified for being chosen and for being a member of the grama panchayat if he has directly or indirectly any share or interest in any work done by order of the grama panchayat or in any contract or employment with, or under, or by, or on behalf of the grama panchayat; (or if he is either directly or indirectly by himself or by his agent, partner or employee involved in obtaining or execution of any such work or contract on behalf of the grama panchayat or of any contract for the supply .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... against the petitioners as required under section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act of 1993 for short) and since the said non obstante provisions of section 49(2) of the act of 1993 covers all cases of no confidence motions against adhyakshas/ upadhyakshas of the gram panchayats, such motions cannot be moved without containing any specific allegation ..... advocate general on behalf of the state government is that the section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act for short) inserted by act no.44 of 2015 with effect from 31/12/2015 is to provide a safeguard to the elected adhyaksha/upadhyaksha of gram panchayats so that no resolution for no confidence for such adhyaksha/ upadhyaksha can be moved even by the minimum requisite number of half of the total members of gram panchayats except on specific allegations of misuse or abuse of powers or ..... is filed under articles 226 & 227 of the constitution of india praying to declare that sub-section (2) of section 49 of the karnataka gram swaraj and panchayat raj act, 1993, as inserted to the statute under amendment act no.44/2015, is unconstitutional and also violative of article 14 of the constitution of india & etc ..... (i) on the grounds of proven physical or mental incapacity certified by a competent authority approved by the state election commission; or (ii) on the grounds of securing employment in central government or state government or public undertaking: date of judgment .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... that the assistant commissioner has not followed the requisite procedure as contemplated under section 49 of the karnataka panchayat raj act, 1993 read with rule 3 of the karnataka panchayat raj (motion of no confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994. ..... the procedure to be followed is prescribed by the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, and the manner of issue of notice ..... to every member including the adhyaksha and upadhyaksha:-(a) by delivering or tendering the said notice to such member; or(b) if such member is not found, by leaving such notice at his last known place of residence or business within the grama panchayat or by giving or tendering the same to some adult member or servant of his family; or(c) by registered posts; or(d) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, ..... deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two-thirds of the total number of members of the grama panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed:provided that no such resolution shall be moved unless notice of the resolution is signed by not less ..... section 49 of the act provides for the motion of no-confidence against adhyaksha or upadhyaksha of a grama panchayat ..... section 49 of the act and .....

Smt. Laxmavva W/O Shivappa Padasalagi Vs. the State of Karnataka, Repr ...

Court : Karnataka

Reported in : ILR2007KAR1028; 2007(2)KarLJ45; 2007(2)KCCR1489; 2007(3)AIRKarR189(DB)

..... be noted that the object of introduction of karnataka panchayat raj act was, decentralization of the administrative system by introducing panchayat raj institutions in the state of karnataka for the effective rendering service to the public by the local self-government and as such at village level- gram panchayat and taluk level -panchayats, are established. ..... appellant, relying upon the provisions of rule 3(1) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, (for short 'the rules') contended that, as the written notice of intention to make the motion is not in form-i and since it does not accompany the proposed motion, there is violation of mandatory requirement of provisions of the act and rules. ..... rules called as karnataka panchayat raj rules 1994 have ..... per clause (2), the assistant commissioner thereafter shall convene a meeting for consideration of the motion at the office of the gram panchayat on the date appointed by him which shall not be later than 30 days from the date of which notice under sub-rule ..... only shows that it is a letter to be addressed to the assistant commissioner intimating him that the members give notice of their intention to move adhyaksha or upadhyaksha of the gram panchayat as the case may be, to be removed from that office for want of confidence of majority of members.9. ..... we have perused rule 3(1) read with section 49 of the act and the decision of the learned single judge in mallamma .....

Vilas Murthy Srinivasarao Kulkarni Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2007(6)KarLJ121; 2007(5)AIRKarR421;

..... the said entry, the 4th respondent herein, had preferred an appeal before the 2nd respondent on 28-11-2006 under the provisions of section 269(1) of the karnataka panchayat raj act, 1993, it is seen from the impugned order that the petitioner herein had taken up a contention before the appellate authority (chief executive officer, taluk panchayat) urging that in view of the notification dated 16-1-2007 issued by the state government establishing the bruhath bangalore mahanagara palike which ..... by virtue of section 500(a) of the kmc act, the panchayat shall cease to have jurisdiction over such area and any order made under the provisions of the karnataka panchayat raj act immediately before the said date in respect of the said local area shall continue to be in force and shall be deemed to have been made under the provisions of the kmc act, until it is superseded or modified as per the provisions of the kmc act. ..... learned counsel appearing for the respondents contends that section 500(h) of the kmc act would enable the authorities under the panchayat raj act to entertain the appeal filed prior to issue of annexure-c, notification and to consider and dispose of the appeal and therefore the executive officer had ..... be placed by the learned counsel for the respondents on clause (h) that the very same authorities under the provisions of the panchayat raj act shall be entitled to dispose of the appeals runs counter to the intention expressed under clause (h) of section 500 of the kmc act. .....

Prof. B.K. Chandrashekar and Another Vs. State of Karnataka and Anothe ...

Court : Karnataka

Reported in : AIR1999Kant461; ILR1999KAR2513; 1999(6)KarLJ394

..... --in section 4 of the karnataka panchayat raj act, 1993 (karnataka act 14 of 1993) (hereinafter referred to as the 'principal act'), in sub-section (1)-- (i) for the words 'not less than five thousand and not more than seven thousand' the words 'not less than ten thousand and not more than sixteen thousand' shall be substituted; (ii) in the ..... of panchayats; auditing of accounts of the panchayats; powers of state legislatures to make provisions with respect to elections to panchayats under the superintendence, direction and control of the chief ..... to the preparation of plans for economic development and social justice and for the implementation of development schemes; sound finance of the panchayats for securing authorisation from state legislatures for grants-in-aid to the panchayat from the consolidated fund of the state, as also assignment to, or appropriation by, the panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a finance commission within one year of the proposed amendment and thereafter every 5 years to review the financial position .....

Junjamma and ors. Vs. the Bangalore Development Authority, Rep. by Its ...

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... . it states that every municipal council shall prepare every year a development plan and submit the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1983 or as the case may be the metropolitan planning committee constituted under section 503e of the karnataka municipal corporation act, 1976 ..... . karnataka panchayat raj act providing sections 309 and 310 which provided for development plan and constitution of district and section 315 provides power to the grama panchayat to regulate lying out and location of streets.28 ..... (8) whether the bda has no power to acquire lands which falls within the limits of grama panchayat or municipality in view of the provisions contained in the karnataka municipalities act, 1976, karnataka panchayat raj act, 1983 and in view of the 73rd and 74th amendment to the constitution? ..... . in view of these provisions it was contended that the bangalore development authority act and the town and country planning act being pre-constitutional amendment legislature, those provisions are inconsistent to part-ix and ixa of the constitution and stand repealed and therefore the bangalore development authority has no jurisdiction to acquire lands which fall within the karnataka municipalities act or the karnataka panchayat raj act, form layouts for distribution of sites ..... . the panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act, 1983 .....

H.C. Yatheesh Kumar and ors. Vs. the Karnataka Election Commission and ...

Court : Karnataka

Reported in : ILR2005KAR3323

..... the petitioners in all these petitions have prayed to strike down the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayats by rotation), rules 1998 (hereinafter called the 'rules 1998') as illegal, void and ultra vires to article 243d of the constitution read with section 162 of the karnataka, panchayat raj act, 1993. ..... rao, learned counsel for the state election commission contends that section 311 of the act, 1993 empowers the government of frame rules. ..... phaneendra, learned counsels for the state election commission, contends that under section 311 of the act, 1993 the government is empowered to frame rules. ..... for the reasons stated above, the following order:-1) writ petitions are partly allowed;2) we hold the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayts by rotation) rules, 1998 as ultra vires and void;3) the impugned notifications issued by the state election commission in sofar as it relates to allotment of reserved seats to different constituencies in each taluk panchayat and zilla panchayat in the state are here quashed;4) the writ petitions insofar as it relates to quashing of notifications issued by the state ..... since, we have held the rules 1998 as ultra vires to article 243-d of the constitution and section 162 of the act, 1993, the impugned notification relating to allotment of reserved seats to different constituencies issued by the 1st respondent election commission are liable to be quashed. .....

Sri Yellappa Basvani Tashildar Vs. State of Karnataka

Court : Karnataka

Reported in : ILR2008KAR3319; 2008(6)KarLJ650; 2008(4)KCCRSN326; 2008(5)AIRKarR245; AIR2008NOC2879

..... powers and functions of the taluk panchayat are enumerated in chapter viii of the karnataka panchayat raj act, 1993. ..... it was also urged by the petitioners that under rule 3(m) of the karnataka panchayat raj (business) rules, 1999, any matter which, in the opinion of the adhyaksha is necessary to be brought to the notice of the panchayat, could be brought before the taluka panchayat and permission could be given to discuss the same in the discretion of the ..... has to be stated that the karnataka panchayat raj (business) rules, 1999, cannot by any stretch of imagination be interpreted to confer power on the adhyaksha to bring before the taluka panchayat a matter pertaining to the border dispute, particularly for the purpose of passing a resolution to transfer a portion of the territory of the state of karnataka to the neighbouring state of maharashtra ..... as regards the contention of the learned counsel for the petitioners that proceedings initiated under section 136 of the act against the adhyaksha of the taluka panchayat was illegal, it has to be stated that the adhyaksha of the taluka panchayat is also a member of the taluka panchayat and if he has committed misconduct in his capacity as such and even if the impugned order does not refer to section 140 under which the adhyaksha is to be removed, that will not vitiate the impugned ..... the taluk panchayat shall have 3 standing committees, namely, (a) general standing committee; (b) finance, audit and planning committee; and (c) social .....